- (1.) This is an application filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C seeking condonation of delay of 62 days in filing of the criminal revision. For the reasons mentioned in the application, the delay of 62 days in filing of the criminal revision is condoned. Crl. Misc. Application is allowed.
(2.) The present revision is against the order dated 02.05.2011 passed by Additional Sessions Judge-III, Bhiwani whereby the appeal of the respondent/accused has been partly accepted by modifying the judgment of conviction dated 03.08.2009 and order of sentence dated 04.08.2009 passed by the SDJM, Loharu thereby acquitting the accused/respondents for the offence punishable under Sections 324/34 IPC and also further reducing the amount of compensation of Rs. 30.000/- to Rs. 15,000/- to be paid by the accused/appellants equally i.e Rs. 7500/- to the injured Bhateri-petitioner. However both the accused were acquitted of the offence punishable under Sections 324/34 IPC.
(3.) The prosecution case is that the complainant/petitioner lodge a complaint on 04.12.2006 on the allegations that she is resident of Village Kudal. Her husband is working with a transport company in Delhi. The complainant along with her children is living in the village. The agricultural land has been given for cultivation of the sharer of the crop. On 03.12.2006 at about 2:00 P.M, the complainant/petitioner had gone to look after the crop standing in her agriculture land. At 4:00 P.M, she left for returning back to her house. The agricultural land of Bajrang accused is situated adjoining to her land. Bajrang accused had constructed his residential house in his land. When the complainant reached near the residential house of the accused Bajrang constructed in his house, accused Bajrang and his son Majoj came from behind. Accused Manoj caught the complainant whereas accused Bajrang gave danda blow on the head and second blow on the left shoulder of the complainant/petitioner. An iron patti was wrapped on the said danda, which was used by Bajrang in inflicting injuries to the complainant. On shouting, the accused fled away from there. In the meantime, PW Sumer Singh reached there. The complainant was thereafter taken on CHC Loharu for treatment. Her gold chain had also fallen down.;